Are You The Victim of Assault & Battery? Can You File a Lawsuit?

An assault or battery against you can leave you with injuries that may cause you to incur substantial hospital bills. In addition, you may have to stop going to work to nurse your injuries, not to mention suffering several other losses and damages. All these losses are not your fault. So, it is only fair that the party that caused them be held responsible.

It is already quite clear that battery and assault are criminal offenses punishable under the Penal Code. That said, you can file a police report, and the culprit can face prosecution in a court of law. However, criminal prosecution may not compensate for the losses you incurred. So then, can you also file a lawsuit in civil court seeking compensation? This blog has the answer.

Can You File a Lawsuit If You Are the Victim of Assault & Battery In California?

The short answer to this question is yes, you can. A battery or assault can have lasting impacts, both emotionally and physically. For example, a victim might be left suffering from PTSD, afraid of even leaving their house. Consequently, California personal injury law permits victims to file a civil suit against the responsible party seeking damages.

Civil court proceedings for battery and assault are independent of criminal court proceedings for the same acts. Once you file a lawsuit, you are referred to as the plaintiff, while the assault or battery perpetrator is referred to as the respondent or defendant.

Assault is a threat or an attempt to perpetrate violent harm upon someone else. Put otherwise, it is a wrongful and willful threat to use force. If the perpetrator actually applies force, it will no longer be assault. It will be a battery. Therefore, assault is attempted battery—a threat instead of completing the action. All that is necessary is that the victim comprehends the imminent threat. To be responsible under the assault statute, the respondent also needs to have:

• Known that any reasonable party would have taken the threat seriously and believed it
• Had the present capability to use force upon the victim

Put otherwise, it must have been a credible threat.

Examples of incidents considered assault include the following:

• A woman places her face close to her colleague, threatening to “deal with her” if she tells the boss about a work-related indiscretion
• After a baseball game, fans charge toward a player from their team, saying they will beat him for playing badly and making them lose the game
• In a domestic dispute, a husband raises a club, threatening to beat his wife

A battery is the unlawful and willful application of violence or force on someone else. The force need not be significant to be considered a battery. Incidents deemed a battery include the following:

• A boy violently rips off somebody’s backpack
• A woman slaps her teenage daughter for arriving home late
• A nightclub security guard uses excess force to drive a patron out
• A husband swings a fist at his wife during a dispute

Injuries for Which You Can Sue

Injuries sustained from battery or assault can be physical and non-physical. Examples of physical injuries a victim may sustain from a battery or assault may range from slight to severe ones. They include:

• Traumatic brain injury
• Broken bones
• Bruises
• Scrapes
• Cuts
• Contusions
• Lacerations
• Other noticeable signs of violence

Non-physical injuries include depression, anxiety, humiliation originating from the incident, and fear. If you sustained a physical or non-physical injury, you may recover damages. Consult a lawyer who will advise whether or not you have a claim.

Liability for Battery and Assault Cases

The attacker will most likely be the one responsible for the assault or battery due to their violent act. However, in particular circumstances, third parties might also be liable in a battery or assault suit. This includes cases where the assault or battery occurred on someone else's property. It all comes down to whether the third party owed you a duty of care and was reckless, negligent, or careless in exercising that duty. Consider the following scenarios:

• Companies providing security guards owe the duty of ensuring guards are sufficiently supervised and trained.
• Employers have the legal duty to ensure workers’ workplace environment is safe.
• A building owner owes visitors the duty of care to maintain the safety of their premises.

For example, let us say the assault or battery happened on a restaurant’s property. In this case, the restaurant management may also be liable for neglecting to take proper precautions to prevent the assault or battery. In another instance, if the battery or assault occurred at your workplace, you may also hold your company responsible.

A third party might have insurance covering a given situation. Your lawyer can advise whether a single or several third parties might be lawfully responsible for your losses and injuries.

Proving Liability Civil Battery and Assault

There are various elements you must prove to succeed in your battery or assault lawsuit against the respondent. These are:

• Intent. You must show that the defendant intended to commit the act they did or place you in fear of offensive or harmful touching. You can prove this not by demonstrating the respondent intended to cause the injury but that they intended to act the way they did. For example, say the respondent swung at you, and you suffered brain damage. In this case, you should prove the defendant simply intended to swing their arms at you and not that they meant to inflict the brain damage you suffered.
• Imminent apprehension. You must also prove that the respondent placed you in imminent fear. For example, future threats do not necessarily place you in imminent apprehension.
• Offensive or harmful contact. Harmful contact refers to contact likely to injure the victim. On the other hand, offensive contact refers to contact one would deem to offend their dignity. You must prove that the immediate apprehension placed you in fear of offensive or harmful contact.
• Without consent. The offensive or harmful contact must have occurred without your consent. If you consented to the contact in question, the respondent may argue it as a legal defense, having the court dismiss the whole question.

The Burden of Proof in Battery and Assault Cases

The burden of proof refers to the legal theory utilized to describe what party must demonstrate the case and how. In civil battery or assault cases, the burden of proof lies with the plaintiff. They must successfully prove they sustained injuries due to the respondent’s conduct and that the conduct was reckless or intentional.

To prove a deliberate act, you must show the defendant intentionally meant to commit the act that made you sustain harm or injury. On the other hand, to prove reckless conduct, you must show the respondent acted recklessly, ignoring any risk entailed in their conduct. The respondent then would present any defenses to deny liability.

The defendant may claim they acted in self-defense or defense of another. Self-defense is a valid defense of a battery or assault claim if the respondent can show their conduct was reasonable based on the belief you (the plaintiff) were going to inflict harm upon them or their property. Also, the defendant might argue self-defense if they acted to safeguard a guest, an employer, an employee, or a family member from harm. This includes safeguarding the property of others, such as those listed here.

For the defendant to win on the self-defense defense, the force they applied must have been reasonably necessary to safeguard themselves, another, their property, or another’s property. It is up to the jury to establish whether the respondent’s force was warranted under the circumstances. On the other hand, it is upon the defendant to admit factual evidence in favor of their claim of self-defense.

The respondent may also raise a defense that it was an involuntary action. For example, say the defendant suffered a stroke, and their arm came swinging towards you. In this case, you most likely will not have any claim against the respondent for the involuntary action.

The standard of proof in civil and battery cases is different from that in criminal battery and assault ones. In civil battery and assault cases, the defendant need not be guilty beyond any reasonable doubt, like in criminal cases. Rather, the jury must simply establish by a preponderance of the evidence that the respondent was liable for the victim’s injury. A preponderance of the evidence means “it is more likely than not that the respondent was guilty.

In the “preponderance of the evidence” standard of proof, you can recover damages if there is even a 51 percent chance the respondent is guilty. Meeting the required burden of proof can be difficult. So, you want to seek expert legal assistance when bringing a lawsuit.

Apart from proving liability, you must also demonstrate the damages you have suffered due to the assault or battery. This includes non-economic and economic damages. To prove these losses, you might need to present the following pieces of evidence:

• Medical records
• Financial documents like bank statements, tax returns, receipts, bills
• Testimony from witnesses

With assistance from an experienced attorney, you can effectively structure your evidence to support the burden of proof.

Damages Recoverable In a Battery or Assault Case

You could recover different damages in a battery or assault lawsuit against the liable party. Some of them include the following:

• Medical expenses. Medical bills refer to the costs you incurred treating any physical injury you suffered due to the battery or assault. If, for example, you suffered a TBI or heart attack, you could recover treatment bills from the liable party.
• Lost income. If you took time off work to nurse your injuries and recover from the emotional or physical suffering, you may recover damages for lost wages.
• Emotional distress. This includes trauma you suffered, for example, anxiety, depression, PTSD, et cetera.
• Future lost income. If you must take time off work in the future due to your injuries, you may recover future lost wages. Future lost wages or income is also known as loss of future earnings.
• Lost or diminished earning capacity. If your injury made you unable to resume work or do the job you used to do before, you may recover damages for lost or diminished earning capacity.
• Loss of enjoyment of life. You can recover these damages if the injury from the battery or assault made you incapable of enjoying the activities you used to enjoy before, for example, sports.
• Pain and suffering. These damages compensate for the emotional and physical pain and suffering you endured.

Other damages include:

• Insomnia
• Scarring
• Loss of consortium
• Mental anguish
• Psychological counseling

The above injuries are categorized into two: economic and non-economic damages. Economic damages compensate for tangible losses or those to which it is easier to attach a dollar value. These include medical bills and lost wages. Non-economic damages compensate for non-tangible losses or those to which it is challenging to assign a dollar value. These include loss of enjoyment of life and emotional distress.

You can also receive punitive damages in battery and assault cases if the liable party acted with oppression, malice, or fraud. These terms generally mean the liable party either hurt you deliberately or acted with a knowing disregard for your life and rights.

To recover punitive damages, you must prove that the defendant is guilty by clear, convincing evidence. California’s statute does not particularly define clear, convincing evidence. However, it can be described as a higher burden of proof than a preponderance of the evidence. Generally, this standard of proof means the jurors must establish with a higher extent of probability that the liable party acted in a particularly blameworthy way.

Also, if the assault or battery victim was your family member and they passed away due to the inflicted injuries, you may claim wrongful death damages. In this case, you can file a survival action or wrongful death lawsuit.

The primary legal hypotheses under which you claim damages are:

• Lost consortium where the battery or assault led to loss of intimacy, moral support, or companionship to you as the spouse of the dead victim
• Negligent inflicting of emotional or mental distress if you witnessed the battery or assault

The Statute Of Limitations In Battery and Assault Cases

Generally, in California, the statute of limitations to file a lawsuit for battery or assault is only two years. That means you must file your battery or assault lawsuit within two years from the date the injury occurred. You may no longer pursue legal action if you fail to file your claim within this period. That said, particularly in cases where your injuries are apparent, it is usually advantageous to file a lawsuit earlier when the memories are still fresh.

Note that there are a few exceptions that can extend this time frame. If, for example, you were incapacitated because of a physical injury or mental disorder or were a minor at the time of the injury, you might have more time to file your lawsuit. Also, if new evidence connected to the injury arises later, it might also permit you additional time. Examples of new evidence include newly disclosed medical evidence or witness statements associating an injury loss to the assault or battery.

The two-year timeframe is based on Section 335.1 of the California Code of Civil Procedure. This law applies across California. Note that every state may have local laws concerning limitations on lawsuits like those for battery and assault. You want to speak to a lawyer to understand your rights and options in your state.

The most essential aspect to note as far as the statute of limitations on battery and assault is concerned is that you must act fast to safeguard your rights. Some exceptions might indeed extend the timeframe. However, you want to bring your lawsuit sooner to explore all angles of the case accurately and fully. A skilled attorney can assist you in understanding your legal rights and counsel you about the ideal course of action.

Must I First File Criminal Charges Before Filing a Lawsuit?

The aggressor need not be convicted in criminal court for you to bring a civil suit for battery or assault. You can file a lawsuit even if the D.A. never files criminal charges or the jury finds the defendant not guilty during the trial.

Although criminal charges need not be filed, there are various reasons why filing them may come in handy after an assault or battery. These reasons include:

• If the criminal court convicts the defendant, you can use the conviction to determine liability in your civil lawsuit.
• The respondent cannot use your not filing a police report to question your credibility.
• Witnesses are, at times, highly likely to cooperate with law enforcement.

Find An Experienced Personal Injury Lawyer Near Me

No one is entitled to cause you intentional harm. If someone has injured you through their violent and aggressive actions, you should know you have rights. Apart from filing a police report, you are legally entitled to sue that person for damages.

At Orange County Personal Injury Attorney, we handle intentional injury cases, battery and assault included. If you have been battered or assaulted, we will fight for you and defend your rights. Our personal injury attorneys pride themselves on being advocates for battery and assault victims. Call us at 714-876-1959 to share your case. We will thoroughly review it and advise on the next steps.